Estate Litigation Attorney in Bergen County, NJ

Reviewed by Sandra Choi, Managing Partner and Attorney, Choi Law Firm. Last updated October 22, 2026.

If you need an estate litigation attorney in Bergen County, you are probably facing something painful: a will that does not look right, an executor who will not share information, or a sibling who took control of a parent’s money. Choi Law Firm represents families across Bergen County and North Jersey in will contests, executor disputes and trust litigation.

Time matters, because New Jersey gives most people only four months from probate to challenge a will. Call 201-613-5557 or use our contact form for a confidential case evaluation.

What Does an Estate Litigation Attorney Do?

Estate litigation is a court dispute over a will, a trust or the way an estate is being managed. It can begin before a will is accepted by the court, while an executor is still gathering assets, or years later when a beneficiary suspects mistakes.

An estate litigation lawyer reviews the documents, investigates what happened, negotiates with the other side and files in court when talks fail. That work includes mediation, where a neutral person helps the family try to settle, and trial if the case does not resolve.

We represent beneficiaries, heirs, executors, administrators and trustees. Which side of the dispute you are on changes the strategy, so our first conversation is about where you stand.

Estate and Trust Disputes We Handle

Every family dispute has its own history, but most fit one of the categories below.

Will Contests

A will contest asks the court to set aside a will, in whole or in part. Common grounds are lack of testamentary capacity (the person did not understand what they owned or who their family was), fraud, forgery or improper signing. Our guide to contesting a will in New Jersey explains how these claims work.

Undue Influence Claims

Undue influence means someone used a position of trust to override the will-maker’s own wishes, such as a caregiver who isolated a parent and then became the main beneficiary. Read what counts as undue influence in New Jersey, or call us to talk through your facts.

Challenging or Removing an Executor or Administrator

An executor is named in a will to manage the estate. An administrator is appointed by the court when there is no will. If an executor or administrator has a conflict of interest, hides information or is unfit to serve, beneficiaries can ask the court to remove them.

Breach of Fiduciary Duty and Estate Mismanagement

A fiduciary is someone legally required to put the estate’s interests first. Claims arise when that fiduciary duty is broken: self-dealing, selling property below value, running income property poorly, or charging the estate unreasonable fees for themselves or hired professionals.

Estate Accountings and Objections

A formal accounting is the report an executor files showing what came in, what went out and what remains. We object when the numbers do not add up or suggest misconduct. We also press to wind up an estate when a fiduciary drags it out and heirs are left waiting.

Disputes Over Bequests and Inheritances

A bequest is a gift made in a will. Disputes arise when the wording is unclear, when two people claim the same piece of jewelry or art, or when someone dies without a will and relatives disagree about who inherits.

Trust Disputes

As a trust and estate litigation attorney team, we handle challenges to a trust’s validity and claims against trustees who mismanage trust property or withhold information from beneficiaries. Trust disputes often run alongside a will contest in the same family.

Contested Guardianships

A contested guardianship is a court case over who should make legal and financial decisions for a person who can no longer make them. When relatives disagree, we help protect your family member’s interests and yours.

Who Can Bring an Estate Litigation Claim in New Jersey?

The people who most often bring claims are beneficiaries under the current will or an earlier one, and heirs who would inherit if there were no will. In some cases an executor, a trustee or a creditor of the estate can also go to court.

Court Rule 4:85-1, which covers challenges to probate, speaks of any “person aggrieved” by the probate decision. Read the rule text. Whether you qualify depends on your relationship to the person who died and what you stand to lose, so we review that first.

How Long Do You Have to Contest a Will in New Jersey?

Under Court Rule 4:85-1, a challenge to a will that has already been probated must be filed within four months of probate. If the person challenging lived outside New Jersey when the will was probated, the period is six months. Probate is the court process that formally accepts a will. Our page on the deadline to contest a will has more detail.

If the will has not been probated yet, you may be able to file a caveat. A caveat is a written objection filed with the county Surrogate, the local official who handles probate, that tells the court you intend to challenge the will before it is admitted.

Call as soon as you suspect a problem. Once the deadline passes, the court may refuse to hear a claim that would have been strong a few weeks earlier.

Where Estate Disputes Are Decided in New Jersey

The county Surrogate’s Court handles uncontested probate. When a will or an estate is contested, the case moves to the Superior Court, Chancery Division, Probate Part, in the county where the estate is handled. For Bergen County, that is the courthouse in Hackensack. See how the Bergen County probate court works, or read our overview of the probate process.

How the Estate Litigation Process Works

Every case moves differently, but most follow these steps:

1. Consultation and document review.
2. Investigation: medical records, bank records and the drafting attorney’s file.
3. Filing a caveat, or a complaint with an order to show cause.
4. Discovery: document requests and depositions, where witnesses answer questions under oath.
5. Mediation and settlement talks.
6. Trial before a Chancery Division judge, if the case does not settle.

If the dispute involves an executor who is mishandling the estate, we may also work alongside the estate administration process. Questions about next steps? Call 201-613-5557 or send us your details.

Should You Settle or Go to Court?

Most estate disputes settle. Settlement makes sense when the cost of a trial would eat into what the family is fighting over, when the relationships matter more than winning every point, or when a fair offer is already on the table.

A trial is worth it when the other side will not negotiate in good faith, when the evidence is strong, or when a principle or a large part of the estate is at stake. We lay out both paths in plain terms and you decide.

How Long Does Estate Litigation Take?

A case that settles often resolves much sooner than one that goes to trial. A case that reaches trial takes longer because of discovery and the court’s schedule.

What Does an Estate Litigation Attorney Cost, and Who Pays?

We explain costs in writing at the start so there are no surprises.

Families often ask who pays legal fees in an estate dispute. In New Jersey, a court can sometimes order fees paid from the estate. Under Court Rule 4:42-9, if a will is upheld, the court may allow fees to both sides out of the estate when the person who challenged it had reasonable cause.

Why Families Choose Choi Law Firm for Estate Litigation

Our attorneys bring ninety years of combined legal experience to families in New Jersey and New York.

Visit our Fort Lee office, we appear in Bergen and Hudson County courts.

Estate Litigation in New York

We also handle estate disputes in New York. If your family’s case is there, visit our page for New York estate litigation attorneys to see how the process differs.

Experienced Will and Trust Contest Lawyers serving northern New Jersey, including Bergen, Hudson, Passaic and Morris Counties, and New York, including Queens County, Nassau County, Westchester County, and New York City

We work with families throughout Bergen County, including Fort Lee, Hackensack, Paramus, Englewood and Teaneck. We also represent clients in Hudson, Passaic and Morris counties.

Estate Litigation FAQs

Talk to a Bergen County Estate Litigation Attorney

The deadline to contest a will is short, and evidence is easier to gather early. If you are facing an estate dispute in Bergen County, call Choi Law Firm at 201-613-5557 or fill out our contact form for a confidential case evaluation.